Commonwealth v. Hart

In February of 2009, the defendant pleaded guilty in the District Court to complaints charging him with disorderly conduct, G. L. c. 272, § 53, and resisting arrest, G. L. c. 268, § 32B. The following year, the defendant filed a motion for a new trial seeking to vacate his plea to the charge of resisting arrest; he argued in part that there was no factual *323basis for the crime.1 The same District Court judge who had taken the defendant’s guilty plea heard the motion and thereafter denied it;2 the defendant appealed. A divided panel of the Appeals Court affirmed the denial of the defendant’s…